alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-20801

Conference Calendar

 

FRANCISCO GONZALEZ; ET AL,

Plaintiffs,

FRANCISCO GONZALEZ,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION; JAMES R. ZELLOR; PHONE

OPERATORS/SECRETARIES; TEXAS DEPARTMENT OF CRIMINAL JUSTICE -

INSTITUTIONAL DIVISION,

Defendants-Appellees.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-00-CV-715

--------------------

August 20, 2002

Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.

PER CURIAM:*

Francisco Gonzalez, Texas prisoner # 619811, appeals the

district court’s dismissal of his 42 U.S.C. § 1983 complaint as

frivolous. Gonzalez argues that the defendants violated his

constitutional rights when visitation periods with family members
No. 01-20801

-2-

were shortened and that inmates in administrative segregation

received different visitation privileges than inmates in the

prison’s general population. 

A district court may dismiss an in forma pauperis complaint

as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) if it lacks an

arguable basis either in law or in fact. Siglar v. Hightower,

112 F.3d 191, 193 (5th Cir. 1997). Gonzalez’ arguments that the

defendants violated his due process and equal protection rights

lacked an arguable basis in law. Berry v. Brady, 192 F.3d 504,

508 (5th Cir. 1999) (prisoners do not have a constitutional right

to visitation privileges); Martin v. Scott, 156 F.3d 578, 580

(5th Cir. 1998) (inmates with different housing classifications

are not similarly situated). The district court’s dismissal of

Gonzalez’ 42 U.S.C. § 1983 claims, as well as his state law

claims which were based upon the same assertions, was not an

abuse of discretion. 

Gonzalez’ appeal lacks arguable merit, see Howard v. King,

707 F.2d 215, 219-20 (5th Cir. 1983), and is therefore dismissed

as frivolous. See 5TH CIR. R. 42.2. The district court’s

dismissal of his suit counts as a strike under the Prison

Litigation Reform Act, as does this court’s dismissal of this

appeal. See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir.

1996); 28 U.S.C. § 1915(g). Gonzalez is hereby warned that if he

accumulates three "strikes" under 28 U.S.C. § 1915(g) he will not

be able to proceed in forma pauperis in any civil action or
No. 01-20801

-3-

appeal filed while he is incarcerated or detained in any facility

unless he is under imminent danger of serious physical injury. 

APPEAL DISMISSED; SANCTION WARNING ISSUED.
## 796

**OFFICE OF**  **THE ATTORNEY**  GENERAL **OF** TEXAS **AUSTIN**

**OpinlOB HO.**  O-19 Ret Should a tra

Ilo are in reo relqusetfng tha oplnlon l beve qUOStiOB. ter of rooeat date, at, touohing the
a-l, VOEBOB’B ABBOhe. ) tau .c. 8.. bus“ 

### 8rn roum8t

thin the limita towns or suburseotfoa 8s **of** this aat **PXWIO~~W** fh* amud llosnoo foes for the reglrtration of Protor %U608*

The firet paragraph of your lotter **read8 an** Hon. HcxmrGarrison, Jr., Pug8 8

f OllowS a

**“ Ia**  riew of the faot **t&t** w8 are hava a nrrc;ber of oo@aints about travelbureau autoniobiles

operating

withcut regulation or waponmibillty **and osrrying**  paeuongore **for** hire be**twaen** lnoorporstea **tawne and**  oltlea, we are aekImthat 9ou pleuseRive ua an opinionon whsther or not a travelbureau oehlola,hauling paase.y:orrr

for hire, shouldba ohargsa Sor the motor bus llceneeend the seatingtax a8 provia8a in t3eotions

6 aa 8a of xo~ss Rill 6, chtip. **fs, p.**  **178,** Generalmm~seoond iiiilt3a 3tmion, rorty-first 18f&Whtme." The queetIona8 subtitted is h9pothetIoal

to a greut cxtent ta whlehwe axe unable to give a oate&orlcal antn90rg flante&lg, it is a questionof feat &B to whether a travelbureau,or un9 individu61, flnz or oorporation, operated

motor vehicle6

wIthIn the purvIowof the above statute. CertaInl9if a 'xotor *ehIole ia operated by a travel bureau in tramporting persona In the gamer **set** out in **the** atatute for aonpensatlon or hire, whether over flrsa routesor otherwiie, it shouldbe ohargedfor the caotor

**.bur** lloeme as provided ia the above sot. It sill lIkewIse

be subjeotto other rsgulatorp stattites

pertainingto the operation of motor vehioleo In such rcanuer. The taots alone ecrn reeolvo the question. lfo will gladlyrender 9ou a full opiniontouohlr& the ratter Lf 9cu doala to subnit'toua addlticnal faoto perteiting

tbcroto.

**ZCPJ IA%**  APPROVEDm **23, 1940**  

# j$@J&w

A ORXEY GENERAL '03 TEXAS
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Page 22863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10083]


=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Astronomy and Astrophysics Advisory Committee <greek-i>13883; 
Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Astronomy and Astrophysics Advisory Committee 
(<greek-i>13883).
    Date and Time: May 20, 2010, 12 p.m.- 5 p.m.
    Place: Teleconference National Science Foundation, Room 1020, 
Stafford I Building, 4201 Wilson Blvd., Arlington, VA 22230.
    Type of Meeting: Open.
    Contact Person: Dr. James S. Ulvestad, Director, Division of 
Astronomical Sciences, Suite 1045, National Science Foundation, 4201 
Wilson Blvd., Arlington, VA 22230. Telephone: 703-292-4909.
    Purpose of Meeting: To provide advice and recommendations to the 
National Science Foundation (NSF), the National Aeronautics and 
Space Administration (NASA) and the U.S. Department of Energy (DOE) 
on issues within the field of astronomy and astrophysics that are of 
mutual interest and concern to the agencies.
    Agenda: To hear presentations of current programming by 
representatives from NSF, NASA, DOE and other agencies relevant to 
astronomy and astrophysics; to discuss current and potential areas 
of cooperation between the agencies; to formulate recommendations 
for continued and new areas of cooperation and mechanisms for 
achieving them.

    Dated: April 27, 2010.
Susanne E. Bolton,
Committee Management Officer.
[FR Doc. 2010-10083 Filed 4-29-10; 8:45 am]
BILLING CODE 7555-01-P
[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Pages 41710-41711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 09-19785]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0043]


Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; Irradiation in the Production, 
Processing, and Handling of Food

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

-----------------------------------------------------------------------

SUMMARY:  The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Irradiation in the Production, 
Processing, and Handling of Food'' has been approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of 
Information

[[Page 41711]]

Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, <a href="/cdn-cgi/l/email-protection#da9ebbb4b3bfb6f49db3aeaeb6bfa9b5b49abcbebbf4b2b2a9f4bdb5ac"><span class="__cf_email__" data-cfemail="d99db8b7b0bcb5f79eb0adadb5bcaab6b799bfbdb8f7b1b1aaf7beb6af">[email protected]</span></a>, 301-796-5156.

SUPPLEMENTARY INFORMATION: In the Federal Register of May 21, 2009 (74 
FR 23865), the agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0186. 
The approval expires on July 31, 2012. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: August 11, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. 09-19785 Filed 8-17-09; 8:45 am]
BILLING CODE 4160-01-S


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Congress of the United States
Washington, AC 20515

October 11, 2013

James Malcolm Melius, M.D., Dr. P.H.

Chairman
Advisory Board on Radiation and Worker Health

4676 Columbia Parkway, MS:C-46
Cincinnati, OH 45226

Dear Dr. Melius:

We write to support the National Institute for Occupational Safety and Health (NIOSH)
evaluation report for SEC-00192 recommending the inclusion of an additional class of
workers at the Rocky Flats Plant in the Special Exposure Cohort. This long-awaited
action will help hundreds of nuclear workers get the care and benefits they deserve.

As you know, Congress enacted the Energy Employees Occupational Illness and
Compensation Program Act (EEOICPA) in 2000 to provide health care and benefits to
workers injured among the approximately 600,000 workers employed at U.S. atomic
weapons program facilities throughout the country. The Rocky Flats plant located in
Jefferson County, Colorado produced nuclear weapons triggers from 1952 until 1989.
The facility utilized plutonium and more than 8,000 chemicals during production of these
triggers, and cleanup from the contamination took more than a decade.

As was the case in facilities across the United States, Rocky Flats was plagued by
workplace accidents, spills, fires, emissions and leaking containers. Furthermore, records
kept by the facility were incomplete because the true dangers of the materials being
handled were unknown at the time. Workers at Rocky Flats were unknowingly putting
themselves at risk on behalf of their country.

The evaluation report from NIOSH clearly outlines NIOSH's inability to sufficiently
estimate the radiation levels workers were exposed to from 1952 to 1983 and concludes
such radiation doses more than likely endangered the health of the workers. Pursuant to
42 USC § 7384q, such determination authorizes the Advisory Board on Radiation and
Worker Health to recommend to Secretary Sebelius for this class of workers to be
included in the Special Exposure Cohort. We applaud NIOSH's work on this petition,
and urge them to continue their efforts evaluating Neptunium and other exposures at
Rocky Flats between 1984 and 2005.

PRINTED ON RECYCLED PAPER


Thank you for your prompt consideration of NIOSH's recommendations and for your
work on behalf of our nation's Cold War Patriots.

Sincerely,

Ed Perlmutter Nad der
Member of Congress United States Senator

Vu

Pited Polisi
Member off

Michael F. Bennet
United States Senator

a MM EF

‘Congress
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6554

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RONNIE LANIER RICHMOND,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., District Judge. (CR-89-47, CA-97-175-1)

Submitted: November 5, 1998 Decided: November 19, 1998

Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronnie Lanier Richmond, Appellant Pro Se. Sandra Jane Hairston,

Assistant United States Attorney, Greensboro, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Ronnie Richmond seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2255 (West

1994 & Supp. 1998). We have reviewed the record and the district

court’s opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning

of the district court. United States v. Richmond, Nos. CR-89-47;

CA-97-175-1 (M.D.N.C. Apr. 3, 1998). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

DISMISSED
[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Rules and Regulations]
[Page 5095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-55502]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117


Drawbridge Operation Regulations

CFR Correction

    In Title 33 of the Code of Federal Regulations, Parts 1 to 124, 
revised as of July 1, 2007, in part 117, under ILLINOIS, on page 587, 
reinstate Sec.  117.397 to read as follows:


Sec.  117.397  Wabash River.

    The draws of each bridge across the Wabash River shall open on 
signal if at least 72 hours notice is given.
[FR Doc. 08-55502 Filed 1-28-08; 8:45 am]
BILLING CODE 1505-01-D
Exhibit 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002




In connection with the quarterly report of Green Earth Technologies, Inc. (the "Company") on Form 10-Q for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, William J. Marshall, Chairman and Chief Executive Officer, and Greg D. Adams, Chief Operating Officer and Chief Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:





(1)  The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





(2)  The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: May 12, 2011
By:
/s/ William J. MarshallWilliam J. MarshallChairman and Chief Executive Officer(Principal Executive Officer)




Date: May 12, 2011
By:
/s/ Greg D. AdamsGreg D. AdamsChief Operating Officer and Chief Financial Officer(Principal Financial Officer)


[A signed original of this certification has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.]
EXHIBIT 23.2
                                                                    ------------


                                LETTER OF CONSENT


TO:      United States Securities and Exchange Commission

RE:      ARC ENERGY TRUST - ANNUAL REPORT ON FORM 40-F

We hereby consent to the use and reference to our name and our report dated
February 7, 2005 evaluating ARC Energy Trust's petroleum and natural gas
reserves as at December 31, 2004, as described in the Annual Report on Form 40-F
of ARC Energy Trust for the fiscal year ended December 31, 2004 filed with the
United States Securities and Exchange Commission pursuant to the SECURITIES
EXCHANGE ACT OF 1934, as amended, and the inclusions of information derived from
our report.

                                           Sincerely,

                                           GILBERT LAUSTSEN JUNG ASSOCIATES LTD.



                                           /s/ James H. Willmon, P.Eng.
                                           ----------------------------
                                           James H. Willmon, P.Eng.
                                           Vice-President


Calgary, Alberta
Date:  March 22, 2005
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Maven Media Holdings Inc. (the
"Company") on Form 10-Q for the period ending September 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Adrienne Humphreys, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of
2002, that:

     (1)  The Report fully complies with the requirements of section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The information contained in the Report fairly presents, in all
          material respects, the financial condition and result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
6th day of November, 2008.


/s/ Adrienne Humphreys
---------------------------
Chief Executive Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     FINANCIAL  STATEMENTS OF ZAP POWER SYSTEMS FOR THE YEAR ENDED  DECEMBER 31,
     1997,  AND IS QUALIFIED  IN ITS  ENTIRETY BY  REFERENCE  TO SUCH  FINANCIAL
     STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                           690,500
<SECURITIES>                                           0
<RECEIVABLES>                                    126,700
<ALLOWANCES>                                      (5,000)
<INVENTORY>                                      267,300
<CURRENT-ASSETS>                               1,145,100
<PP&E>                                           284,900
<DEPRECIATION>                                   121,700
<TOTAL-ASSETS>                                 1,342,000
<CURRENT-LIABILITIES>                            418,300
<BONDS>                                           70,900
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                       3,168,900
<OTHER-SE>                                    (2,316,100)
<TOTAL-LIABILITY-AND-EQUITY>                   1,342,000
<SALES>                                        1,640,200
<TOTAL-REVENUES>                               1,640,200
<CGS>                                          1,274,700
<TOTAL-COSTS>                                  1,274,700
<OTHER-EXPENSES>                               1,699,500
<LOSS-PROVISION>                                   5,000
<INTEREST-EXPENSE>                                84,800
<INCOME-PRETAX>                               (1,407,700)
<INCOME-TAX>                                       1,600
<INCOME-CONTINUING>                           (1,409,300)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                  (1,409,300)
<EPS-PRIMARY>                                      (0.62)
<EPS-DILUTED>                                      (0.62)
        


</TABLE>
Conflict of Interest Disclosure Statement

for

Members of the Advisory Board on Radiation and Worker Health 

The Advisory Board on Radiation and Worker Health (Board) is very concerned with 

maintaining the transparency of the compensation program created by the Energy 

Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA). In an 

effort to foster a fully open and honest environment for claimants and in order to allay 

any concerns within the stakeholder community regarding perceived or actual conflicts of 

interest for Board members, the Board releases the following information for its 

Members: 

Board Member’s Name: Genevieve S. Roessler, Ph.D. 

Job Title and Current Employer: Professor Emeritus

 University of Florida 

 Elysian, Minnesota 

Biographical Information: Dr. Roessler was on the faculty, Department of Nuclear 

Engineering, University of Florida for 22 years as Head of Health Physics and Medical 

Physics. Various advisory committees include the Radiation Advisory Committee, 

Science Advisory Board, Environmental Protection Agency, 1997-2004; Technical 

Steering Panel, Hanford Environmental Dose Reconstruction Project, 1988-1996; and Binational Advisory Group, Chernobyl Health Effects Study, National Cancer Institute, 

2001-present. Dr. Roessler recently retired as the Editor-in-Chief of the Health Physics 

Society's Newsletter and Web Site.

Expert Witness Experience: N/A

DOE/AWE Sites Where a Conflict of Interest Exists: N/A

Subject Matters Where a Conflict of Interest Exists: N/A

Conflicted Sites/Subject Matters Regarding Which the Board Member Has 

Received Permission to Participate: N/A
Radioactive Waste
Management Associates

To: V Colley, LJ Elliott

From: M Resnikoff

Date: 11/20/2003

Re: NIOSH Dose Reconstruction — Manhattan Project

After reviewing the dose reconstruction conducted by NIOSH at the Bethlehem Steel
Corporation plant in Lackawanna, New York (ORAUT-TKBS-0001), the specific
analyses conducted for and and other OCA, there is no
question in our mind the dose reconstruction conducted by NIOSH greatly
underestimates the radiation dose Manhattan Project received.

This underestimate is due to the following: 1) missing radiation pathways and 2)
truncated exposure duration. For the Bethlehem mill, the missing radiation pathways
are incidental dust ingestion while the mill was operating, and resuspension of dust,
direct gamma and incidental dust ingestion while the rolling mill was not operating.

Incidental dust ingestion is contamination on hands or face that is taken into the
mouth when, for example, a worker wipes his brow. Generally the Lackawanna mills
were hot so this is a common occurrence. Ingestion of uranium would be much more
effective in yielding a radiation dose to the colon and stomach than inhalation. In our
view, NIOSH should have taken as a clue the types of cancers incurred.

Further, NIOSH should have taken into account the entire exposure period. Instead,
NIOSH calculates uptake of uranium and decay products only while the rolling mill
was producing uranium bars, perhaps assuming that the vacuuming removed all
surface contamination. That this is not the case can easily be seen by examining the
Simonds Saw Mill that was also vacuumed, but where surface contamination
persisted through 1979 at least. By limiting exposure to a two or three-year period,
NIOSH greatly underestimates the doses to workers.

Finally, without naming names, it is important to point out that NIOSH has contracted
with researchers that have customarily defended corporations against personal injury
law suits and who may not best represent the interests of Manhattan Project workers.

Page 1 Colley.doc